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(영문) 서울중앙지방법원 2020.01.22 2019가합2686

추심금 청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 24, 2018, the Plaintiff filed an application with the Seoul Eastern District Court for a payment order for loans to the C Regional Housing Association Promotion Committee (hereinafter “Promotion Committee”) under the Seoul Eastern District Court 2018Guj2382. On May 25, 2018, the said court issued a payment order (hereinafter “instant payment order”) stating that “The Promotion Committee shall jointly and severally with D, and jointly with the Plaintiff for KRW 330,00,00,000, and the amount calculated at the rate of 12% per annum from May 1 to May 29, 2018, and 15% per annum from the following day to the date of full payment” (hereinafter “instant payment order”).

The instant payment order reached the Promotion Committee on May 29, 2018, and it became final and conclusive on June 13, 2018 because the Promotion Committee did not file an objection.

B. On April 26, 2018, the committee for promotion of the fund management agency contract between the promotion committee and the defendant entered into a contract for the fund management agency (hereinafter “instant fund management contract”) with the Defendant and the company E (hereinafter “E”) which is the proxy company, for the efficient management of funds for the development project of the ASEAN-si District Housing Association (hereinafter “instant project”), which is implemented by the promotion committee, to entrust the Defendant with all of the fund management affairs related to the instant project, including the members’ charges, etc., for the sake of the efficient management of funds. Of the instant fund management contract, the contents relating to the instant case are as follows:

(However, "A" means the promotion committee, and Article 3 :

6. The term "business promotion expenses" means the amount paid by members A in addition to the cooperative members' charges in order to execute all the business affairs of the instant case and to execute the expenses incurred before the inaugural general meeting;

7. The term "shared amount of cooperative members" means the cooperative members of a regional housing association after completion of the project in accordance with the internal regulations of the regional housing association.